History of IL Sealing Adoption Records
Illinois adoption statues were first enacted in 1867. All adoption related records were
open to public
inspection.
Illinois Revised Statutes 1943, Ch.4-Adoption of Children (p.80 sect 12) reads:
“Illegitimacy not to
appear in petition or decree. The word “illegitimate” or any words referring to
the illegitimacy of the
child to be adopted shall not be used in the petition for adoption or the decree of
adoption.”
Illinois Revised Statutes 1945, Adoption of Children Chapter 4. Article 6, Records
Confidential p.81 Sec.
6-1. Words prohibited in petition. “The word or words “illegitimate” or
“born out of wedlock” shall not be
used in any petition of adoption, filed in any decree of adoption entered in any adoption
proceeding.
Sec. 6-2. Impounding of papers and records-inspection-certified copies. “Upon motion
of
any party to the proceeding, the Court shall, or, upon the Court’s own motion, the
Court may, enter an
order that all petitions, decrees and other papers and records relating to the adoption
proceeding shall
be impounded by the clerk of the court and shall be open for inspection only upon specific
order of the
court, which order shall name the person or persons who are to be permitted to inspect
such papers and
records. Certified copies of such papers and records so impounded shall be made only upon
like order.”
1971. Public Health 410 ILCS 535/17 (2) “When a new certificate of birth is
established, the actual
place and date of birth shall be shown: provided , in the case of adoption of a person
born in this State
by parents who were residents of this State at the time of the birth of the adopted
person, the place of
birth may be shown as the place of the residence of the adoptive parents at the time of
such person’s
birth, if specifically requested by them and any new certificate of birth established
prior to the
effective date of the amendatory Act may be corrected accordingly if so requested by the
adoptive parents
or the adopted person when of legal age.”
1989. 750 ILCS 50/18. Records Confidential. “All adoption records maintained by each
circuit clerk
shall be impounded in accordance with the procedures provided by the IL Supreme
Court’s Genl
Administrative Order on Recordkeeping.” (This replaced the part of what was enacted
into law in
1945 that read: “Upon motion of any party to an adoption proceeding the court shall,
or upon the
court’s own motion the court may, order that the file relating to such proceeding
shall be impounded by the
clerk of the court and RETROACTIVELY sealed all Illinois adoption records.)
[ Note: The representative who introduced the above new wording stated on the house floor:
“This bill is
the result of some misunderstanding about the law as it is written, which provided that
there had to have
been a motion by the court to impound an adoption record. There has been some questions
raised. It does
nothing to change the current practice. It simply eliminates a possible problem of someone
not
understanding that adoption records at the current time are impounded.”]
1981. 750 ILCS 50/18. Records confidential the following parts: (a) The court call of
adoption
proceedings shall not identify any of the parties by name. The parties may be identified
by initials or
pseudonyms. The case shall be identified by its general number. The names of the lawyers
representing
the parties may appear on the court call, and the type of application that is being made
to the court
may also be identified. (c) The guardian ad litem for a minor sought to be adopted shall
have the right to
inspect the court file without leave of court during the pendency of the proceeding. The
attorney of
record for the petitioners and other parties may inspect the file only with leave of the
court. The
petitioners to the adoption, the attorney of records for the petitioners, and the guardian
ad litem of the
person who is the subject of the proceeding shall be entitled to receive certified copies
of the order of
adoption in the proceeding at any time within 30 days after the entry of the judgment of
adoption without
order or court. After 30 days from the entry of the judgment, no copies may be obtained
without prior
order of court, but good cause is not necessary to be shown by one of the petitioners to
the adoption. (d)
If an appeal is taken from an adoption proceeding, the papers filed in the court of review
and the
opinion of the reviewing court shall not identify the true names of the parties; instead,
initials or
pseudonyms shall be used to identify the parties.”
1993. Adoption Action 50/14 Judgment: “Only the circuit court that entered the
judgment of the
adoption may order the issuance of any contents of the court file or that the original
birth record of
the adoptee be provided to any persons.”